Case archive

Outer House judge finds Scottish Child Abuse Inquiry reporting restrictions 'unwise' but necessary

A petition by the BBC challenging the restrictions placed upon the reporting of an Employment Tribunal claim worth over £2 million against the Scottish Child Abuse Inquiry has been refused by the Outer House of the Court of Session.

Court of Session Outer House 7 April 2021

Greenpeace fails in petition for judicial review of oil field development decision

The environmental organisation Greenpeace has had its petition for judicial review of the decision to allow the development of a North Sea oil field refused.

Court of Session Outer House 12 October 2020

Prisoner’s petition for judicial review over ‘unlawful’ opening of mail dismissed as ‘incompetent’

A prisoner who claimed that prison authorities breached his human rights by opening a letter addressed to him has had his petition for judicial review dismissed as “incompetent”.

Court of Session Outer House 4 February 2020

Scottish council acted ‘unlawfully’ by failing to consult over closure of day centre for disabled adults

The father of a man with severe physical and learning disabilities has successfully challenged a Scottish local authority’s decision to close an adult day care centre, after a judge found that the council acted “unlawfully” by failing to consult users who relied on the service.

Court of Session Outer House 9 January 2020

Immigrant with criminal convictions fails in legal bid to extend discretionary leave to remain in UK

An immigrant whose application for discretionary leave to remain was refused on the basis that he had acquired three criminal convictions while in the UK and because his application was lodged after the expiry of his existing leave has failed in a legal challenge against the decision.

Court of Session Outer House 22 October 2019

Common law damages claim over vaginal mesh product to proceed to full hearing

A common law case brought by a woman who claims to have suffered “loss, injury and damage” as a result of medical treatment involving a vaginal mesh product will proceed to a full hearing despite the manufacturer’s attempts to have the action dismissed.

Court of Session Outer House 28 November 2018

Judge rejects request to refer article 50 revocation question to European Court of Justice

A request for a reference to the Court of Justice of the European Union for a ruling on the question of whether the United Kingdom can unilaterally revoke its notice of intention to the leave the EU has been refused.

Court of Session Outer House 8 June 2018

Solicitor held liable for expenses over ‘inadequate conduct’ of case ahead of aborted proof

A man who challenged a disposition on the basis that his parents “lacked capacity” when they signed the document and was granted reduction after a purported beneficiary withdrew her defences on the eve of a proof has been awarded the expenses of the action from the other party’s solicitor.

Court of Session Outer House 27 October 2017

Legal challenge against new 'wild land' wind farm refused

Countryside campaigners who sought judicial review of a decision to approve plans for a new wind farm in a designated “wild land” area have had their legal challenge dismissed.

Court of Session Outer House 1 September 2017

Syrian refugee loses human rights challenge against being sent back from UK to Bulgaria

A Syrian man who had been granted refugee status in Bulgaria but claimed that to send him back there from the UK would breach his human rights has had his legal challenged dismissed.

Court of Session Outer House 7 July 2017

Judge rejects homeless human trafficking victim’s claim for housing

A human trafficking victim whose application for accommodation as a homeless person was rejected by a Scottish local authority has had a legal challenge against the decision dismissed.

Court of Session Outer House 25 January 2017

Council tenant’s legal challenge to rent agreement barred by mora, taciturnity and acquiescence

A council house tenant who challenged an occupancy agreement after falling into arrears, on the grounds that the local authority failed to consider her ability to pay the rent, has had her petition dismissed.

Court of Session Outer House 3 October 2016

Mother succeeds in negligence claim against health board over birth of brain damaged baby

The mother of a child who developed “significant disabilities” following complications during her labour has successfully sued a Scottish health board after claiming that her baby daughter’s injuries were caused by the “fault and negligence” of hospital staff.

Court of Session Outer House 21 September 2016

Pelvic mesh product cases remitted to Court of Session due to ‘considerable public interest’

Four legal claims worth tens of thousands of pounds each arising out health care products for the treatment of urinary incontinence have been remitted to the Court of Session.

Court of Session Outer House 15 August 2016